p2pnet news | RIAA News:- A judge in New Mexico has struck a blow upholding the rights of people being attacked by Warner Music, EMI, Vivendi Universal and Sony BMGs RIAA, said p2pnet recently, going on:

In an escalation of its aberrant marketing efforts to use so far unproven copyright infringements to force people to buy digital downloads produced by its masters, the Big 4, the RIAA (Recording Industry Association of America) is currently targeting students at universities across America. It threatens school administrators, who then bring tremendous pressure to bear on their own students. Very few schools have resisted.

However, unprompted, chief US magistrate judge Lorenzo F. Garcia saw through the RIAA’s bid to use him to compel the University of New Mexico to hand over the identities of students.

Now, “UNM received a subpoena Thursday from the Recording Industry Association of America, demanding the University release the names of 16 UNM network users suspected of illegal file sharing,” says the Daily Lobo, going on:

The University has information for only one or two network users, said Richard Mertz, a lawyer for UNM. “Things are moving forward,” Mertz said “It’s bad news for at least one person.”

And, “UNM and the association came to an agreement about how to release the names of the network users, and the subpoenas were issued.”

The RIAA falsely claims IP addresses are enough to identify alleged file sharers.

However, “Even if the Internet service provider keeps very detailed access logs, it’s nearly impossible to prove that a certain IP address was used by a particular person at any given time,” notes Anders Bylund.

Meanwhile, “UNM is looking for the network IDs and will answer the subpoenas at the end of October,” the Dailoy Lobo has Mertz saying, and the story goes on:

Mertz said the network user who faces the largest suit has been accused of illegally sharing 1,463 songs.

The minimum fine for each song is $750, Mertz said.

He said users could be sued for up to $150,000 per song.

“I don’t know of any case where someone has been fined the maximum penalty,” Mertz said. “But if you get the wrong judge, we’re theoretically looking at some astronomical numbers.”

Get the wrong judge? The RIAA has yet to go to court.

By careful manipulation of mainstream and university media, it’s managed to terrorise students and staffs alike at universities across America without ever winning or even trying a single case.

In fact, what’s probably the first-ever RIAA trial is slated for next month.

Mertz said users could have settled with the RIAA for about $3,500 for a month after the first notices were received in May.

But now it will be more expensive to settle, he said.

Talk about doing the RIAA’s work for it.

The Daily Lobo continues:

“Basically, students may also be responsible for legal fees incurred for litigation on the part of RIAA,” Mertz said.

And …

Mertz said UNM continues to receive notices requesting it to save network information of users suspected of illegally sharing music.

Only the first 16 notices have been followed up with lawsuits, Mertz said.

The University received notice of another possible lawsuit Monday, he said.

“That’s one more student in the dorms somewhere who might get sued by the RIAA,” he said. “So, it’s an ongoing process.”

On Tuesday a student and another university asked p2pnet readers to help in paying RIAA extortion money.

We said, “Sorry, but the sad reality is: this wouldn’t be helping you, it’d be helping the RIAA and just as bad, would be encouraging you to incriminate yourself on behalf of the RIAA and its masters, Warner Music, EMI, Vivendi Universal and Sony BMG.”

We went on to quote Recording Industry vs The People’s Ray Beckerman who says, THIS IS NOT LEGAL ADVICE, going on:

HOWEVER, I DO ADVISE YOU TO GET LEGAL ADVICE, AND NOT TO TAKE YOUR ADVICE FROM THE RIAA, THE MPAA, YOUR SCHOOL, OR ANYONE ELSE WHO IS NOT YOUR LAWYER.

These are my suggestions to college students being targeted by the RIAA:

1. Join together with other students who are being targeted, pool your financial resources, and hire an attorney who is ready, willing, and able to (a) advise you of your rights and (b) fight the RIAA’s ‘John Doe’ cases when they are brought.

2. Bring to your college or university’s attention my ‘Open Letter to Colleges and Universities‘

3. Join or start campus charters of Digital Freedom and/or FreeCulture.

4. Remember that the RIAA does not presently have your identity, and that by calling them or visiting their web site you may be giving them your identity.

5. Read and learn about your rights. E.g., review Electronic Frontier Foundation page, RIAA v. the Students: An FAQ for ‘Pre-Lawsuit’ Letter Targets

6. Organize.

7. Organize.

8. Organize.

Mertz would do well to read Beckerman’s open letter.

Or maybe he should have a word with his opposite numbers at Harvard because its students don’t seem to be appearing on the RIAA hit lists.

Said Charles Nessor, William F. Weld professor of law, Harvard Law School, and founder and faculty co-director, Berkman Center for Internet & Society; and John Palfrey, clinical professor of law and executive director, the Berkman Center:

This Spring, 1,200 pre-litigation letters arrived unannounced at universities across the country. The RIAA promises more will follow. These letters tell the university which students the RIAA plans on suing, identifying the students only by their IP addresses, the ‘license plates’ of Internet connections.

Because the RIAA does not know the names behind the IP addresses, the letters ask the universities to deliver the notices to the proper students, rather than relying upon the ordinary legal mechanisms.

Universities should have no part in this extraordinary process.

Slashdot it!

Also See:
p2pnet – Judge Garcia foils the RIAA, June 20, 2007
Daily Lobo – RIAA subpoenas University, September 26, 2007
notes Anders Bylund – RIAA and the Music Luddites, September 24, 2006
slated for next month – First-ever RIAA trial?, September 27, 2006
RIAA extortion money – Help! RIAA victim asks p2pnet, September 25, 2006
RIAA does not know – New wave of RIAA extortion letters

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